Question on the house I'm living in.

[TeG]

Thinking of filing Ch7 but I was wondering about a couple of things.
First of all me and my wife each had our own home before we got married, we now live in my parents old home (passed away). The thing is my father before he passed away filed ch13, the house is not in my name, it's still under his ch13. I pay the weekly ch13 payments to keep their house. If I file ch7 I'm not worried about losing our other two houses, that have been up for sale and won't sell (not helping much), but I wonder how these payments for a house that is not in my name is going to affect me?
After reading what I just wrote I'm even more confused, I'm guessing I need to speak with a lawyer, but if anyone has any information for me I'm open ears.
Thanks
and this forum is great...

[lrprn]

Welcome to BK Forum! Glad you found us!

The thing is my father before he passed away filed ch13, the house is not in my name, it's still under his ch13. I pay the weekly ch13 payments to keep their house.

Did you arrange this set-up with your father's bankruptcy trustee or a probate lawyer? Often when a Ch 13 filer dies during the administration of the plan, their Ch 13 plan is dismissed. (See http://findarticles.com/p/articles/m..._n8889118/pg_4 )

If I file ch7 I'm not worried about losing our other two houses...?

So this is house #3 in this mix? If you are filing Ch 7, are you hoping to keep any of them, or are you letting them all go to foreclosure?

I'm guessing I need to speak with a lawyer...

Yes, you definitely need some sound legal counsel because this is far from the normal situation with so many high-value assets involved. Make appointments with 3-4 bankruptcy-specialty lawyers in your area for free consultations as soon as possible. Lay out everything and see what your best options are. Be sure to come back and let us know what you find out, and remember we're here for information, support, and venting whenever you need it.

[TeG]

Yeah house #3 was my fathers house, that one I want to keep.
As far as me paying my fathers chapter 13 payments my lawyer at that time informed me to do so to keep the house..
I'm going to be looking for a few lawyers to consult with.

A question about the Median Family Income. There are four of us in the house me, wife and two kids. If I'm only filling do still count her income?
I'm not too sure about that part.
Thanks for your help....

[BKTango]

Your wife's income will be counted but backed out of the schedules later. So it sort of cancels itself back out, from what I understood. There are some on the board here that would definitely know the answer to that, or explain it better than I just did. . One thing I am confused on other than why or how you are paying your fathers ch13 payments when it should have been dismissed, whose name is that house in? The reason I ask is if you should allow the other 2 (the ones you and your wife own) foreclose in the bk then if that house is still in your fathers name how will you get lending to own it yourself before the estate takes it over? I don't think the courts will allow you to continue making those ch13 payments and file yourself at the same time. Your fathers bk and estate just might need to be dealt with and probated correctly first. Please see several bankruptcy attornies for some free consultations, but also make sure you see a few estate probate attornies as well. You need some serious legal counsel for both situations.